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Full Text of this Amendment
At the end of title VII, add the following:
SEC. 7__. SUBSISTENCE USE OF NATURAL RESOURCES.
(a) Definitions.--Section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701) is amended by adding at the end the following:
"(45) BARTER.--The term `barter' has the meaning given the term in section 100.4 of title 50, Code of Federal Regulations (or a successor regulation).
"(46) SUBSISTENCE COMMUNITY.--The term `subsistence community' means an Indian tribe or other community in which there exists, as determined by the Secretary, a legitimate system of bartering natural resources taken for subsistence uses.
"(47) SUBSISTENCE USE.--The term `subsistence use' has the meaning given the term in section 100.4 of title 50, Code of Federal Regulations (or a successor regulation).".
(b) Subsistence Use.--Section 1002(b)(2) of the Oil Pollution Act of 1990 (33 U.S.C. 2702(b)(2)) is amended by striking subparagraph (C) and inserting the following:
"(C) SUBSISTENCE USE.--Damages for loss of subsistence use of natural resources, which shall be recoverable by--
"(i) any claimant who so uses natural resources that have been injured, destroyed, or lost, without regard to the ownership or management of the resources; or
"(ii) any subsistence community the bartering system of which is negatively affected by a discharge of oil.".
(c) Gulf Coast Natural Resources.--Section 1006 of the Oil Pollution Act of 1990 (33 U.S.C. 2706) is amended by adding at the end the following:
"(h) Gulf Coast Natural Resources.--Not later than 30 days after the date of enactment of this subsection, for the purpose of making payments of damages described in section 1002(b)(2)(C), the Administrator of the Gulf Coast Claims Facility shall complete an assessment of subsistence communities (including the Vietnamese community) in the Gulf Coast region to determine the quantity and value of natural resources harvested and retained for bartering within each subsistence community.".
(As printed in the Congressional Record for the Senate on Feb 2, 2011.)